The Copyright Law Journal  is unique in that it is written entirely by Neil Boorstyn. Mr. Boorstyn is recognized as one of the country’s leading copyright and computer law experts. His vast experience as a copyright lawyer, litigator, consultant, writer, lecturer, and teacher makes him especially qualified to provide the information you need with accuracy and authority.

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In the latest issue of The Copyright Law Journal:

JOHN WILEY & SONS v. KIRTSAENG: A divided Second Circuit agreed with the Ninth ­Circuit that the first sale doctrine does not apply to foreign made copies BARCLAYS CAPITAL v. THEFLYONTHEWALL.COM: The Second Circuit concluded that ­plaintiffs’ state law “hot news” misappropriation claim is preempted by federal copyright law MARVEL WORLDWIDE V. KIRBY: The District Court held that the pre-1978 works created by a comic book industry legend were works made for hire and not eligible for termination rights BRIEFLY NOTED: Perfect 10 v. Google; In re Literary Works in Electronic Databases; Oracle v. SAP; The Authors Guild v. Google   PRACTICE TIPS Foreign made copies may be sold in America without triggering a “first sale” and without exhausting the copyright owner’s exclusive distribution right The “extra element” necessary to avoid preemption must change the nature of the action so that it is qualitatively different from a copyright infringement claim Considerable weight should be given to the benefits/taxes factors when ­determining work for hire status

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